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't -- he shouldn't be mirandaized right away. i know you agree with them. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were pl
understand if he is indeed conscious and does survive before reading him miranda rights; is that correct? >> i believe molly line will be talking about that a little bit as well. there is a loophole. there is a way they don't have to. so he was not read his miranda rights to allow to ask questions of him. we don't know if questions have been asked. they may have asked questions of him when he was under the situation he was in, of course being pretty seriously injured. they do believe he is going to make it. that was something, not only important for them to do that because that is what we do in this society but important because of this investigation. last night we were told he was being brought here for treatment. we weren't too far behind the ambulance. as you made your way through boston, you could see many of the businesses reopened. you saw restaurants and bars reopened. at one point there was a small college and 500 students had gone into the streets and blocked off all four lanes cheering, holding signs and as first responders and medical teams came through that had nothing to do
. as you know they didn't read miranda rights because of a public safety exception. he will not have the right to remain silent for a couple of days to try to find out if there are more plots. they agreed with the decision but they put out a statement, senator lindsay graham and john mccain and peter king that went on to say, however, limiting this investigation to 48 hours and exclusively regularly on the exception to miranda could limit our ability to gather critical information about future attacks from this suspect. bottom line is what knees republican lawmakers are calling for is the suspect be officially classified as an enemy combatant. not that he would face a military tribunal but the interrogation could go on longer an couple of days. there may be some people in the administration that believe such a long interrogation could taint the eventual prosecution in a civilian court. there will be a healthy debate about this in the days ahead. for now, they focusing on a great sense of relief, not just in boston but here in the white house, in the early stages of the investigation.
in that ambulance and they have to start really talking to him. he's going to have to be on a miranda warning then they're going start to have the process of getting some preliminary statements from him. one thing they may do in a case like this is to get a public safety statement. sometimes that can be done beforehand to say the we need to know about what danger might be out there. is there a bomb in the boat? are there any other explosives hidden somewhere else? is there anything that creates a hazard. at that point he'll get his medical treatment at the hospital to determine how viable he is to be questioned. and then d on his condition maybe presented for a hearing in federal court where they'll start the outline of what he is charged with. in the meantime that has to do with the suspect. that boat is a grand new crime scene. that means that they will have to process that. the bomb squad will have to go in it, go over it and make sure there's no devices, explosives or anything or weapons inside and then ert, the evidence response team, will have to process that boat for evidence. >> pelle
miranda rights and there is it a safety exception that allows you 48 hour to see if there is any bombs that may be connected with the attack. under the law of war, an enemy combatant and someone who takes up arms against this country, including an american citizen can be held for intelligence purposes without a lawyer and miranda warningings. the best way to get information from the suspect is hold him as an enemy combatant. it a terrorist attack and not a common crime. in 30 days he would be presented before a federal judge and the judge could review the case that the government has. i am urging this administration, please do not lawyer him up tomorrow night. you have under our statutes and supreme court cases,le authority to hold him as an enemy combatant ting gather intelligence about what is coming our way in the future. >> there is great relief in boston today but a lot of people are concern body what might be to come whether it is it inspired by the actions or a connection, we really don't know the answer to that question yet, do we senator? >> it is impossible between now and to
, they suspended his miranda rights for a 48 hour period and decide whether or not to seek the death penalty -- listen to this from last night as well. >> this is still an active and ongoing investigation. we're going to be reviewing all of the evidence. before that kind of a decision is made in terms of whether or not to seek the death penalty, you review all of the evidence and it's a very thoughtful, long process that is engaged and it's the attorney general of the department of justice that makes that final decision. >> martha: all right. so there you have that. let's bring in fox news legal analyst peter johnson, jr. peter, welcome. >> how are you? >> martha: that's the u.s. attorney on this case in boston. she says it's too early to talk about death penalty. >> i was really surprised and disturbed as an american and as a lawyer in watching that last night. you couldn't think of a more weak insip mid remark that she was making. the charges that will be filed in this case, i haven't seen them, but i can approximate what they are -- are death penalty charges under federal law, including u
should be given their miranda rights. host: if he is not given his miranda rights then they cannot use anything he talks to them about in a trial should this case goes to trial. caller: that is correct. said everybody should be given their rights. even the people in gitmo. that is how america works. talkedhe president about the court procedure that will be following this arrest of dzokhar tsarnaev. [video clip] >> that american spirit means staying true to the unity that makes us strong. blogs,ng tweets and there is a temptation to latch on to any bit of information and sometimes jump to conclusions. when a tragedy like this happens, when public safety is at risk and the stakes are so high, it is important we do this right. that is why we have investigations. that is why we relentlessly gather the facts. that is why we have courts. that is why we take care not to rush to judgment. not about the motivation of these individuals. certainly not about entire groups of people. after all the one thing that makes america the greatest nation on earth, but also one thing that makes boston such a
but will not read his miranda rights first because of a public safety inspection. his statements will be used as evidence when there is a reasonable need to protect the public from immediate danger. >>> from boston to big sur there is a link that ties to the big sur marathon. along highway 1 and carmel, organizers were in boston when the explosions happened. david louie explained they are now preparing to beef up security. >> 400 runers from the boston marathon are part of a group that will do back-to-back races. a week from sunday they will be running the big sur international marathon. race director was near the finish line when the devices exploded. >> knowing what it was and how crowded the area what it was, gutted check reaction, this is not good. >> the tragedy could have caused them to cancel plans but it hasn't happened. >> there is more determination than ever. there were many part of this special group of people, 400 entrants who are part of the boston and big sur challenge, more determination to come to big sur and finish the race. security will be raised. high level meetings invol
decided not to read him miranda rights. he's not getting that. feds are envoking an exception to the rule and already the american civil liberties is slamming that decision . we must not waiver from the tried and true judicial system. we'll break down the complicated legal issuings. criminal defense attorney heather hanson is wherulse. >> you catch somebody who might have left a bomb somewhere . you want to keep them safe and question them right now for the public safety. >> that times passed hasn't it. >> the law was in 1984 . that is what it at that time. since then specifically after the times square bombing in 2010, >> attempted. >> the f.b.i. put out a memo that addresses the terrorist cases that they could expand the time in which they can question a suspect without reading them their rights. the question is how long of a time is there. we don't know the answer. >> was it not the letter of the law. but was it the intent of the law to stop an imminent threat against the people. for instance times square bomber had blown something out there and had blown something that the authorities
of the boat. >> no miranda warning, do you want to explain that to us. > that is a federal issue. >> what was the question? >> there was no miranda warning given they were claiming a public safety exception. >> there is a public safety exemption involving acts of terrorism. so the government has the opportunity, right now. i believe that the suspect has been taken to a hospital. thank you. yes? i'm sorry? >> are you going to seek the death penalty? >> this is still an active, ongoing investigation. we're going to be reviewing up of the evidence before that kind of a decision is made in terms of whether or not to seek the death penalty you review all of the evidence and it is a very thoughtful, long process that is engaged and it is the attorney general of the department of justice that makes that final decision. i'm sorry? karen? >> can you talk a little bit about when you were on the scene, was he moving around? how did you know it was a chance to take him into custody? >> we know he did not go straight to the boat. when we set up the perimeter with the best intentions with a lot of info
that in a federal issue. >> had the boat then searched earlier in the day? >> know it had not rea. .ights no miranda warning >> there is a public safety exemption in cases of national security and potential charges involving acts of terrorism. the government has the thoughnity right now, i believe the suspect has been taken to a hospital. thank you. >> [indiscernible] this is still an ongoing investigation. we will be reviewing all of the evidence. before that canada decision is made, in terms of whether or not to seek the death penalty, you review all of the evidence and it is a very thoughtful, on process that is engaged. it is the attorney general of the department of justice that make that final decision. [indiscernible] you. can talk about what happens when you are on the scene, was he moving around? how did you know there was a chance to take him into custody at th? >> we know he did not go straight to the goat area on the set up a perimeter with the best intentions with a lot of information. we found blood behind the house inside the perimeter. we had information that he had .otten outside th
Search Results 0 to 10 of about 11